How Do I Pursue a Wage Claim in Massachusetts?
The Massachusetts Legislature has passed laws that encourage under-compensated employees to pursue legal action against offending employers. While MA Employment Lawyers expressively notes that legal advice should always be obtained by individuals from their personal representation, we also aim to demystify the legal process to prospective clients. As practitioners of employment law, we receive many inquiries regarding wage claims. Pursuing a wage claim in Massachusetts involves navigating specific procedures and regulations designed to protect your rights as an employee. Like most legal matters, wage claims can take many forms, from straightforward to more complex issues, and contacting one of our attorneys can empower you to assert your rights effectively.
The guide below offers insight into the trajectory a wage claim can take. However, if you are in search of how to pursue wage claims independently, Mass.gov provides an overview of how to pursue that course of action here. Further, please be aware that general guidelines may not cover exceptions unique to your situation.
What Exactly Is a Wage Claim?
“Wage claim” and “wage and hour claim” are the general terms used to refer to an employee pursuing legal action against their employer on the basis that they did not receive compensation they were due, sometimes referred to as wage theft. A worker may be eligible to pursue a wage claim if an employer:
a. failed to pay their employee on time;
b. failed to pay their employee the minimum wage for their field;
c. failed to pay their overtime-eligible employee for overtime;
d. failed to pay their employee wages in full on the date of your termination;
e. Withheld wages from their employee; and
f. Other failures of an employer to appropriately compensate an employee.
Depending on their situation, clients who have been victims of the types of wage theft described above, may be due triple the amount of what they were not paid under M.G.L. c. 149, Section 148.
What Is the Timeline to Recover Lost or Stolen Wages?
When pursuing legal action, different claims have different statutes of limitations (“SOL”). An SOL is the deadline for when you can bring forward an action to the Court before losing the legal right to do so. In the case of wage claims, the statute of limitations is three (3) years after the violation took place. It is a strict deadline, and if you miss it, then you’ve lost your opportunity for legal recourse. For example, if an employer fired their employee and failed to pay them their wages in full on January 1, 2024, then their former employee would have until January 1, 2027, to take all requisite action and to pursue a lawsuit. Pursuing action on January 2, 2027, would be a lost cause.
In wage claim cases, the complainant (i.e., the person pursuing action) is required to first file a workplace complaint with the Attorney General’s Office (“AGO”). Working with an attorney can help you evaluate your personal circumstances and ensure all required information is included in the complaint. After submitting your complaint to the AGO, you may proceed with the assistance of the AGO, or obtain a letter from the AGO entitling you to purse your claim independently in the court system.
If you work with MA Employment Lawyers, you will receive the benefit of their guidance through this process. The information you include in an AGO complaint can dictate what you are and are unable to include in your claim moving forward. While individuals may proceed with filing an AGO complaint without an attorney, saying the wrong thing or failing to include important facts may have a detrimental effect on the value of your claim.
How Do You Get Started?
If you are currently employed or recently parted ways with an employer, document your wages by saving pay stubs, keeping records of any overtime worked, saving relevant communications, and maintaining copies of your employment contract or agreement. If you notice that your employer has violated the law, make contemporaneous documentation of this through email or text. This documentation is crucial for verifying the wages owed to you in case of any disputes or legal issues.
If you believe you have been a victim of wage theft, our attorneys are available for a free consultation and are available by phone at (508-753-3333) or email at the following email address: contactforms@cohenkinne.com.
